SURYA KANT, J. - (1.) THIS order shall dispose of F.A.O. No. 1182 of 1993 preferred by the United India Insurance Company against the award dated 1.2.1993 passed by the Motor Accident Claims Tribunal, Patiala as well as the cross-objections preferred by the respondent-claimants for modification of the said award and for enhancing of the compensation amount.
(2.) JOGINDER Singh (since deceased) who was aged about 50 years, was working as a truck driver on the truck owned by respondent No. 6. He was getting salary of Rs. 1200/- per month. On 6.4.1990, at about 5.30 A.M. Joginder Singh was driving truck No. HYE-9273 when it met with an accident near village Gajju Majra, Tehsil Samana, District Patiala resulting into Joginder Singh's death at the spot. The truck was insured with the appellant-Company. The respondent-claimants, who are widow and four children of the deceased, sought compensation of Rs. 3 lacs. The claim petition was contested by the appellant-Company on the ground that deceased Joginder Singh was not holding a valid driving licence. It was also averred that respondent No. 1, namely, owner of the truck had no valid permit. On the pleadings of the parties, the Tribunal framed the following issues :- "1. Whether Joginder Singh s/o Hazara Singh died in a motor vehicle accident on 6.4.1990 due to injuries sustained by him while driving truck No. HYE-9273 near village Gajju Majra as mentioned in para No. 24 of the petition ? OPA. 2. Whether the claimants are entitled to the grant of compensation ? If so, to what extent and from whom ? OPA. 3. Whether the claim petition is not maintainable as alleged ? OPR. 4. Relief."
(3.) WHILE deciding issue No. 1, the Tribunal held that Joginder Singh died in the motor vehicle accident due to injuries sustained by him while driving truck No. HYE-9273. The contention of the appellant- Company in terms whereof issue No. 3 was framed was also repelled and it was held that Joginder Singh did not die due to his own negligence. Under issue No. 2, the Tribunal held the respondent-claimants entitled for a sum of Rs. 1,43,000/- as compensation. Aggrieved, the Insurance Company has preferred this appeal whereas the claimants have filed their cross-objections.;